When a Buffalo resident is injured in a fall caused by failure to maintain a parking lot, there are several legal issues that must be addressed. These issues include who is the correct party to hold responsible for the faulty maintenance.
Often, a personal injury attorney will, at least initially, proceed against both the owner of the parking lot and any contractor who was hired by the owner to maintain the parking lot. Generally, under New York State law, a landowner has a duty to maintain the property in a reasonably safe manner and may be held liable if he or she does not, even if a third party was hired to perform the maintenance.
The liability of a contractor, on the other hand, is usually determined based on the terms of the contract. Unless the contractor did something in the course of his duties that actually increased the risk of injury, he often may be found not directly liable to the plaintiff because his duty under the contract is to the landowner, not the injured person. As a result, he cannot be directly sued by the plaintiff. For a contractor’s duty to fully displace that of the landowner, the contract must give the contractor such broad authority to act that it essentially displaces the duty of the landowner.
If you have been injured as a result of falling in a poorly maintained parking lot, please feel free to call us at 716-542-5444.
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